Short answer. It depends on what the testator believed and what happened afterward. Article 930 voids the legacy if the testator erroneously believed the thing was already his. But if the testator later actually acquires the thing by any title before death, the disposition takes effect after all.
What the law says
The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him.
Civil Code, Article 930 — A Legacy of Another's Property. Read the full provision →
What the law says
But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect.
Civil Code, Article 930 — A Legacy of Another's Property. Read the full provision →
The default: void, if the testator was mistaken about ownership
Article 930 starts from a rule that protects against a testator's honest mistake. The legacy or devise of a thing belonging to another person is void, if the testator erroneously believed that the thing pertained to him. If the person who made the will thought the item was theirs to give, but it actually belonged to someone else, the legacy fails outright. The testator's belief at the time of making the will is the key fact — a mistaken assumption of ownership does not create a valid gift of someone else's property.
The exception: the testator later actually acquires it
The article carves out an important exception that can revive an otherwise void legacy. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. If the testator did not own the item when writing the will but later actually acquired it — by purchase, inheritance, donation, or any other title — before death, the legacy is no longer void. The later acquisition cures the original defect.
Why the testator's later ownership changes the outcome
This exception makes sense once you separate the two problems the article addresses: a testator giving away something never intended for the beneficiary at all (which is not what this article is about), versus a testator genuinely wanting to leave a specific item to you, mistaken only about already owning it. If ownership catches up with the testator's original intent before death, there is no longer a mismatch between what the will says and what the testator was actually capable of giving, so the disposition is allowed to stand.
What this means for your legacy
Whether your legacy holds up turns on two questions: did the testator mistakenly believe the item was already theirs when the will was made, and did the testator ever actually come to own that item by any title before death? If the testator knew all along the item belonged to someone else, this specific article about erroneous belief would not be the provision to look to. If the mistaken-belief scenario applies and no later acquisition occurred, the legacy is void under this article's general rule.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — read the decision on LawPhil →